ELR Citation: ELR 20251
No(s). 96-484-LPS (D. Del. Sep 10, 2010)

A district court adopted a magistrate judge's report and recommendation concluding that the government can establish CWA jurisdiction under either the plurality test or concurrence test set forth in Rapanos v. United States, 547 U.S. 715, 36 ELR 20116 (2006). The Third Circuit has yet to rule on the...